Drink Driving appeal

NKOTB

I was caught for drink driving Aug 2011 at 12.30pm morning after a night out. I was 1 mg over the limit and got a year ban in Sept 2011. However I got it deferred by 6 mths due to work so it started in March '12 and continues to March '13. Is there any way I can appeal to have it reduced or is it too late? One guard told me I can apply after 6 mths to get it reduced to 2/3 of the sentence while another guard told me this was incorrect and i'd have to serve the full year. I represented myself in court.

Also, I am going abroad soon for a number of years and was wondering if I can drive abroad during my ban in Ireland? I will be mainly on the continent of Africa and want to know if I can get an International Driving Licence? Thanks.

Procrastastudy

The ban has to be either over 1 or 2 years I can't remember off hand which or if the scheme is even still running. Did you get an odd ban like a year and a day?

If the scheme is still running - its always useful to at least run it by a solicitor so you don't fall foul of these oddities.

NKOTB

GCDLawstudent wrote: »

The ban has to be either over 1 or 2 years I can't remember off hand which or if the scheme is even still running. Did you get an odd ban like a year and a day?

If the scheme is still running - its always useful to at least run it by a solicitor so you don't fall foul of these oddities.

Ya got a year and a day ban. Does that make a difference?

Procrastastudy

Means you had a nice Judge and that ban can be appealed - if the scheme is still running. A year ban could not.

NKOTB

GCDLawstudent wrote: »

Means you had a nice Judge and that ban can be appealed - if the scheme is still running. A year ban could not.

Ok thanks for your help! I'll get onto a solicitor about that.

ResearchWill

GCDLawstudent wrote: »

Means you had a nice Judge and that ban can be appealed - if the scheme is still running. A year ban could not.

Incorrect. It is not an appeal it's a restoration application. In the recent legislation it was changed to 2/3 or 2 years minimum so you need a 3 year ban to get benefit. The system since the 2006 acr is that the ban had to be greater than 2 years hence the 2 years and a day. As I said that is now gone since the 2010 Act I think the relevant section was commenced October 2011.

ResearchWill

NKOTB wrote: »

Ok thanks for your help! I'll get onto a solicitor about that.

You are wasting your time unless the ban is greater than 2 years.

Relevant section of 2006 Act
http://www.irishstatutebook.ie/2006/en/act/pub/0023/sec0007.html#sec7

And the 2010 Act

http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0067.html#sec67

NKOTB

ResearchWill wrote: »

You are wasting your time unless the ban is greater than 2 years.

Relevant section of 2006 Act
http://www.irishstatutebook.ie/2006/en/act/pub/0023/sec0007.html#sec7

And the 2010 Act

http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0067.html#sec67

Ok thanks for that. Any ideas if I am allowed drive in other countries while banned here? Would I have to contact foreign affairs about that?

Procrastastudy

Sorry - this is why you shouldn't take this sort of advice for Internet forums and especially from me on Internet forums!

Odd they gave you a year and a day then?

Tom Young

Who to ban?